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The District of New Hampshire offers a database of opinions issued from 1999 to present. For a more detailed search, enter a keyword or case number in the search box above.

Notinger v. Zsofka (In re Zsofka), 2010 BNH 013 (finding that dissolution of a partnership occurred when the debtor filed for bankruptcy; however, because filing of bankruptcy was not in contravention of the partnership agreement, New Hampshire law allows the bankruptcy estate to request judicially-ordered wind up and termination upon cause shown).

In re Rodger, 2010 BNH 012 (denying the debtors’ motion to alter or amend the decision and order in In re Rodger, 2010 BNH 005, under Fed. R. Civ. P. 59, applicable by Fed. R. Bankr. P. 9023, because the debtors did not establish a manifest error of law or fact with respect to the modification of a sixty-month plan for below median debtors).

In re Seff Enterprises & Holdings, LLC, 2010 BNH 011 (granting motion to dismiss involuntary Chapter 7 case pursuant to 11 U.S.C. § 305 because the purpose of the bankruptcy process is not achieved, both adversary proceedings are non-core and would be more appropriately decided in another forum, and the trustee has already filed her report of no distribution).

In re Jennings, 2010 BNH 010 (denying a debtor’s motion to grant a mortgage and a priming lien on several of his properties to secure payment for bankruptcy professionals in lieu of a retainer because, although the proposed mortgage did not create a conflict of interest under 11 U.S.C. § 327(a) and the standards of In re Martin, 817 F.2d 175 (1st Cir. 1987), the debtor failed to establish that the secured creditors subject to the priming lien would be adequately protected under 11 U.S.C. § 364(d)(1)).

Duby v. United States of America (In re Duby), 2010 BNH 009 (granting the Plaintiff’s motion for summary judgment and finding that the Defendant violated both the automatic stay and the discharge injunction; and granting the Defendants’s cross-motion for summary judgment in part and finding that the Plaintiff is barred from an award of punitive damages and emotional distress damages for her claims against the federal government).

Maroun v. Fremont Investment & Loan (In re Maroun), 427 B.R. 200 (Bankr. D.N.H. 2010) (granting Defendant's motion to dismiss as to Counts I, II, and VII because mortgage brokers are exempt from the New Hampshire Consumer Protection Act § 358-A, and mortgage brokers are not "creditors" within the meaning of the Truth In Lending Act; and abstaining under 28 U.S.C. § 1334(c)(1) from hearing the remaining claims in the “interest of justice” and in “respect for state law”).

Maroun v. Fremont Investment & Loan (In re Maroun), 427 B.R. 197 (Bankr. D.N.H. 2010) (granting Defendant's motion for the Court to abstain from adjudicating the claims pursuant to 28 U.S.C. § 1334(c), because claims were not core proceedings and could be more properly and efficiently adjudicated in another forum).

Lassonde v. Stanton (In re Stanton), 2010 BNH 006 (granting in part and denying in part creditor’s motion for summary judgment on his complaint under various sections of 11 U.S.C. §§ 523(a) and 727 arising from a prepetition construction contract and based on the debtors’ false oaths, concealment of assets, or failure to explain a loss of assets in their chapter 7 bankruptcy, and collateral estoppel from a prepetition state court judgment against the debtors involving a defamation claim).

In re Rodger, 423 B.R. 591 (Bankr. D.N.H. 2010) (granting the trustee’s motion under 11 U.S.C. § 1329 to modify the confirmed plan of these “below median” debtors to require them to turn over all income tax refunds received in the future, even in years four and five of their plan, consistent with the Court’s prior decisions in In re Michaud, 399 B.R. 365 (Bankr. D.N.H. 2008) and In re Watson, 417 B.R. 165 (Bankr. D.N.H. 2009), as 11 U.S.C. § 1325(b)(1) is not a bar to the turnover of disposable income beyond the applicable commitment period where debtors voluntarily propose and obtain confirmation of a plan longer than three years).

Notinger v. Black (In re Simply Media, Inc.), 2010 BNH 004 (granting the defendant’s motion for summary judgment as the plaintiff/trustee failed to raise a material factual dispute in the summary judgment record as to whether the defendant breached his fiduciary duties as a director of the debtor under Delaware law as alleged).